Constitution of 1973:
At the time of imposing Martial Law in 1969, it was promised that a new Constitution would be prepared by the Constituent Assembly elected through the votes of adult people of Pakistan. For this purpose a Legal Framework Order (LFO) was issued in March 1970. It contained guiding principles regarding the electoral procedure and the future constitution.
General elections were held in the
country in December 1970 so that elected representatives could prepare a
constitution for the country. Unfortunately, soon after the elections there
appeared political crisis which led to the separation of East Pakistan from
united Pakistan in December 1971. East Pakistan became a separate independent
country called Bangladesh.
After the separation of East
Pakistan (current-Bangladesh), the elected representatives of West Pakistan were called to frame a
constitution. A 25-member committee comprising representatives of both
government and opposition, was entrusted to draft permanent constitution. The
draft prepared by the Committee (1973) was approved in April 1973. The constitution
was promulgated in the country on 14th August 1973.
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Sallent
features of the Constitution of 1973:
1.
The foundation of the 1973 constitution was also laid on
the Objective Resolution.
2.
The country was declared as the Islamic Republic of
Pakistan and Islam was made the official religion of the state.
3.
The definition of a Muslim was made part of the
constitution and it was said that “ a person who has implicit faith in the
Oneness of Allah and the prophethood of Holy Prophet Hazrat Muhammad (P.B.U.H)
as the last Prophet of Allah will be considered
a Muslim (Muslman).
4.
The offices of President and Prime Minister of
Pakistan were restricted for Muslims only.
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5.
The objective resolution was included in the
constitution as its preamble.
6.
Federal and parliamentary form of government was
introduced. The Prime Minister was delegated wide powers and the authority of
the president was curtailed. Practically, the president could not pass
important orders without the concurrence of the Prime Minister.
7.
A Parliament consisting of two houses was established
for the first time. The upper house was called the Senate and the lower house
was called the National Assembly.
8.
The provincial governments were granted autonomy.
9.
In order to protect the rights of the people necessary
safeguards were provided to ensure the independence of the judiciary.
10.
Islamic
Ideological Council was set up to guide the government in connection with
Islamic principles. This is a consultative body to recommend such measures to Federal
and Provincial governments enabling Muslims to lead their lives according to
Islamic Principles. The Council could give its opinion on laws which are
contrary or prejudicial to Islam. The Council is entrusted with the right to
make the recommendations to bring the existing laws in consonance with the
Islamic teachings.
The Constitution of 1973 is still inforced although certain
amendments in the Constitution have been incorporated in it.
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